Booth and Booth

In the matter of *Booth and Booth*, Benjamin J considered an application to set aside previous property orders made on 22 February 2011. The proceedings involved a dispute between a husband and wife concerning their property.

The court was required to determine whether to set aside the existing property orders and, if so, what new orders should be made. Further issues included the husband's proposed occupation of a property for business purposes, the potential impact on mediation work, and the wife's potential role as receiver in relation to a contract and remediation work. The court also had to consider interim property orders if the husband remained in occupation.

Benjamin J ordered that the property orders made on 22 February 2011 be set aside pursuant to s 79A(1)(a) of the relevant Act. The proceedings were adjourned for ten years, with liberty for either party to apply for interim or final orders within that period. Directions were given for the husband to provide details of his proposed business operations and to ascertain any adverse impact on mediation. The court also made provision for the wife to be appointed receiver in certain circumstances and stipulated interim financial arrangements should the husband remain in occupation of the property.